Common use of Hazard Insurance Clause in Contracts

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 37 contracts

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

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Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 22 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac, as well as all additional requiremxxxx xex xorth in Sectiox 0.00 of the Servicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae and Freddie Mac, as well as all additional requirements set xxxxx ix Xectiox 0.00 of the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge (based upon reasonable and diligent inquiry) of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 16 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Originator has not engaged in, and has no knowledge of the Mortgagor's ’s or any servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-D)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the applicable Agency, FHA, VA, RHS or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines or the Seller’s Underwriting Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the applicable Agency, FHA, VA, RHS or HUD guidelines or Seller’s Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 7 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Originator has not engaged in, and has no knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968area where such Mortgaged Property is located, as amended, each Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseither Section 5.10 or Section 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or unit in a planned unit development ("PUD") project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy covering contains a condominiumstandard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), or any hazard insurance policy covering the common facilities of a planned unit developmentas insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerFNMA Guide;

Appears in 6 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Xxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 4.10. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms with to the Underwriting Guidelinesrequirements of Section 4.10. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 5 contracts

Samples: Warranties and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Warranties and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Xxxxxx Mae guides or by Xxxxxxx Mac, as well as all additional requirements set forth in the Approved Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to Xxxxxx Mae and Xxxxxxx Mac, as well as all additional requirements set forth in the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days’ prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 5 contracts

Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Caliber Home Loans, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Xxxxxx Xxx and Xxxxxxx Mac. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Xxxxxx Mae and Xxxxxxx Mac. Such flood insurance shall be with the Underwriting Guidelinesan Approved Flood Policy Insurer. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 5 contracts

Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Rate), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968area where such Mortgaged Property is located, as amended, each Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseither Section 5.10 or Section 5.11. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller originator of such Mortgage Loan, its successors and assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain all such insurance at such Mortgagor’s cost and expense, and on such Mortgagor’s failure to do so, authorizes the holder of such Mortgage to maintain such insurance at such Mortgagor’s cost and expense and to seek reimbursement therefor from such Mortgagor; or (b) in the case of a condominium or unit in a planned unit development (“PUD”) project that is not covered by an individual policy, the condominium or PUD project is covered by a “master” or “blanket” policy and there exists and is in the Servicer’s Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage is covered under such policy. The insurance policy contains a standard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns assigns), as insured mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at provides for advance notice to the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law Seller or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided Servicer if the policy is canceled or not a "master" or "blanket" hazard insurance policy covering a condominiumrenewed, or if any hazard insurance policy covering other change that adversely affects the common facilities Seller’s interests is made; the certificate includes the types and amounts of a planned unit development. The hazard insurance policy is the valid and binding obligation coverage provided, describes any endorsements that are part of the insurer, is in full force “master” policy and effect, and will would be in full force and effect and inure acceptable pursuant to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerFNMA Guide;

Appears in 4 contracts

Samples: Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Servicing Agreement (Sequoia Mortgage Trust 2007-3), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Seller as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount not less than 100% of the replacement cost of all improvements to the Mortgaged Property and consistent with the amount that would have been required as of the date of origination in accordance with the Underwriting Guidelines. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days’ prior written notice to the mortgagee. No such notice has been received by the Seller. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 3 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

Hazard Insurance. Pursuant For each Loan, pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer Insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. Borrower must obtain coverage in an amount which is at least equal to the full insurable value of the improvements on the Mortgaged Property. The policy must either include provisions for inflation adjustments or guaranteed replacement cost coverage of the Mortgaged Property. In the case of flood insurance, Borrower must obtain the amount of insurance that is required under the Applicable Requirements or the Guide, whichever is greater. If required upon origination of the Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by a having special flood hazards (and such flood insurance has been made available),a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance & Mitigation Administration as is in effect which policy conforms with the Underwriting Guidelinesto all Applicable Requirements. All individual insurance policies contain a standard mortgagee clause naming the Seller Xxxxxx and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor Borrower thereunder to maintain the hazard all insurance policy policies at the Mortgagor's Borrower’s cost and expense, and on the Mortgagor's Borrower’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's Borrower’s cost and expense, and to seek reimbursement therefor therefore from the MortgagorBorrower. Where required by state law or regulationregulation applicable to Seller, the Mortgagor Borrower has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurerInsurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's Borrower having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.

Appears in 3 contracts

Samples: Loan Purchase Agreement, Loan Purchase Agreement, Loan Purchase Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for generally in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Responsible Party and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Trust Property (as defined in the Trust Agreement) insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Trust Association or other owners’ association governing the Trust Property maintains a “master” or “blanket” policy for the Trust Property in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property, subject to approval by Lender; provided that such approval shall not be unreasonably withheld or delayed. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s), the Trust Association, or other owners’ association governing the Trust Property making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Trust Agreement, insurance proceeds shall first be applied to restoration or repair of the Trust Property damaged. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Trust Association decides to disburse such excess, Borrower’s share of such excess shall then be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not extend or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under Paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Trust Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in the Underwriting GuidelinesSection 3.13 of this Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Sxxxxxx 0.03 of this Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Responsible Party and its successors and assigns as mortgagee, and all premiums due and payable thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor's any Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Sabr Trust 2005-Op1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-Op2)

Hazard Insurance. Pursuant Wendover will cause to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided be maintained for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered such fire, flood and hazard insurance as required by a flood insurance policy meeting Applicable Requirements; provided, however, notwithstanding the requirements foregoing, the provisions of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesMortgage Note and Mortgage will govern. All individual insurance policies contain a standard The mortgagee clause naming will be reflected as running to the Seller benefit of Client, its successor and assigns, as follows: "Client, its successors and assigns assigns, c/o Wendover Financial Services Corporation", at such address as mortgageeWendover will designate in writing from time to time. Any amounts collected by Wendover under any such policies will be paid over or applied by Wendover in accordance with Applicable Requirements whether for the restoration or repair of the Mortgaged Property, and all premiums thereon have been paidor applied to reduce the Mortgage Loan. The Mortgage obligates Wendover will not interfere with the Mortgagor thereunder Mortgagor's freedom of choice in selecting either an insurance carrier or agent upon any policy renewal; provided, however, that upon any such policy renewal, Wendover will accept insurance policies only from insurance companies that meet the written requirements of Xxxxxx Xxx. Wendover will not be required to maintain the hazard original insurance policy at for any Mortgaged Property; provided, however, that in the Mortgagor's cost and expense, and on the Mortgagor's failure event that Wendover is required to do soso by Applicable Requirements, authorizes the holder of the Mortgage to Wendover will obtain and maintain such insurance policies covering the greater of (i) the last known coverage paid for by Mortgagor, or (ii) the unpaid principal balance of the Mortgage Note. If Wendover is unable to collect from the Mortgagor the cost of such policies, Client will pay Wendover such amounts in accordance with Article IV hereof. Notwithstanding anything in this Agreement to the contrary, Wendover may at such Mortgagor's cost any time and expensefrom time to time solicit Mortgagors for accident, health, life, property or casualty insurance and other miscellaneous services (with the exception of refinancing), and to seek reimbursement therefor from the Mortgagor. Where required any fees payable by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and insurer will be in full force and effect and inure to the benefit exclusive property of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Wendover.

Appears in 2 contracts

Samples: Sub Servicing Agreement (Great Lakes Capital Acceptance LLC), Sub Servicing Agreement (Great Lakes Capital Acceptance LLC)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this the GMAC-AmNet Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-4)

Hazard Insurance. Pursuant Mortgagor shall, at its sole expense, obtain for, deliver to, assign to and maintain for the terms benefit of Bank, until Borrower’s Liabilities are paid in full, policies of hazard insurance in an amount which shall be not less than 100% of the Mortgage, all buildings or other improvements upon full insurable replacement cost of the Mortgaged Property are insured by (other than the Land) insuring, on a generally acceptable insurer replacement cost basis, the Mortgaged Property against loss by or damage on a “special cause of loss” form, such insurable hazards, casualties and contingencies as are included therein and otherwise as Bank may require, including without limitation fire, windstorm, rainstorm, vandalism, earthquake and, if all or any part of the Mortgaged Property shall at any time be located within an area identified by the government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. Mortgagor shall pay promptly when due any premiums on such insurance policies and on any renewals thereof. The form of extended coverage such policies and such other hazards as are provided for in the Underwriting Guidelinescompanies issuing them shall be acceptable to Bank. If required any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All such policies and renewals thereof shall be held by Bank and shall contain a “Bank’s loss payable” clause making losses payable to Bank. Losses shall not be payable to any other party without Bank’s prior written consent. In the National Flood Insurance Act event of 1968loss, Mortgagor will give immediate written notice to Bank and Bank may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Bank as amended, each Mortgage Loan is covered by a flood insurance policy meeting its attorney-in-fact). In the requirements event of the current guidelines foreclosure of this Mortgage or any other transfer of title to the Federal Insurance Administration as Mortgaged Property in effect which policy conforms with full or partial satisfaction of Borrower’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the Underwriting Guidelinespurchaser or grantee. All individual insurance such policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgageeshall provide that they shall not be modified, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder cancelled or terminated without at least thirty (30) days’ prior written notice to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor Bank from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 2 contracts

Samples: Subsidiary Stock Pledge Agreement (Quixote Corp), Subsidiary Stock Pledge Agreement (Quixote Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xx xxxwxxxge of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelinescoverage. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each the Mortgage Loan is covered by a flood insurance policy policy, meeting the requirements of the current guidelines Federal Insurance Administration, as well as all additional requirements set forth in Section 2.10 of the Federal Insurance Administration Servicing Agreement attached hereto as in effect which policy conforms with the Underwriting Guidelines. Exhibit B. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Purchase and Warranties Agreement (Franklin Finance Corp), Purchase and Warranties Agreement (D&n Capital Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Xxx against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located pursuant to insurance policies conforming to the requirements of Section 3.09. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms to the requirements of Section 3.09. All premiums that were due and payable with respect to such hazard insurance policies on or prior to the Underwriting GuidelinesClosing Date have been paid. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Company has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 2 contracts

Samples: Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar4), Reference Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar3)

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under Paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the MortgageDeclaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the Unit or the Common Elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s(s’) share of such excess shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or postpone the due date of the monthly installments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. If under Paragraph 18 hereof the Property is acquired by Lender, all buildings right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the Property prior to the sale or other improvements upon acquisition shall pass to Lender to the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. The Seller has not engaged in, and has no knowledge Deed of the Mortgagor's having engaged in, any act Trust immediately prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. Pursuant Tenant shall not use, or permit said Premises, or any part thereof, to be used for any purpose other than that for which the terms said Premises are hereby leased; and no use shall be made or permitted to be made of the Mortgagesaid Premises, all buildings nor acts done, which will cause an increase in premiums or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by firecancellation of any insurance policy covering said Building, hazards of extended coverage and such other hazards as are provided for or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in the Underwriting Guidelines. If required or about said Premises, any article which may be prohibited by the National Flood Insurance Act standard form of 1968fire insurance policies. Tenant shall, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagormaintenance of reasonable fire and public liability insurance, covering said Building and appurtenances. The Landlord agrees to purchase and keep in force fire, earthquake (if commercially available and/or required by Landlord's failure Lender), and extended coverage insurance covering the Premises in amounts not to do so, authorizes exceed the holder actual insurable value of the Mortgage Building, including the Premises, as determined by Landlord's insurance company's appraisers. In addition, Tenant agrees to insure its personal property, additions, alterations, and improvements for their full replacement value (without depreciation) and to obtain workers compensation and maintain such public liability and property damage insurance at such Mortgagor's cost for occurrences within the Premises of $5,000,000.00 combined single limit for bodily injury and expenseproperty damage. Tenant shall name Landlord as an additional insured, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier shall deliver a copy of the policies and renewal certificates to Landlord. All such policies shall provide for thirty (30) days' prior written notice to Landlord of any cancellation or termination. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of insurance which may be reasonably required hazard insurance, provided to cover future risks customarily insured against by reasonably prudent businesses in Tenant's industry located in the policy is not a "master" Santa Clarx-Xxx Jose xxxa. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or "blanket" hazard insurance policy covering a condominiumdamage occasioned to the Landlord or the Tenant as the case may be, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Premises

Appears in 2 contracts

Samples: 8x8 Inc, 8x8 Inc

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge (based upon reasonable and diligent inquiry) of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), And Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Hazard Insurance. Borrower(s) shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage”, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. This obligation shall be deemed satisfied so long as the Condominium Association maintains a “master” or “blanket” policy in accordance with the terms hereof. The insurance carrier providing the insurance shall be chosen by Borrower(s) or the Condominium Association subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. If required, all premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof, or, if not paid in such manner, by Borrower(s) or the Condominium Association making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Borrower(s) shall give Lender prompt notice of any lapse in hazard insurance coverage. In the event of loss, Borrower(s) shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower(s). Pursuant to the terms of the Master Deed and/or Time Sharing Declaration, insurance proceeds shall be applied to restoration or repair of the Property damaged, whether the unit or the common elements. To the extent such insurance proceeds exceed the cost of such restoration or repair and the Board of Directors of the Condominium Association decides to disburse such excess, Borrower’s share of such excess shall be applied to the sums secured by this Mortgage, all buildings with the excess, if any, paid to Borrower(s). Unless Lender and Borrower(s) otherwise agree in writing, any such application of proceeds to principal shall not exceed or other improvements upon postpone the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards due date of extended coverage the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such other hazards as are provided for in the Underwriting Guidelinesinstallments. If required under paragraph 17 hereof the Property is acquired by Lender, all right, title and interest of Borrower(s) in and to any insurance policies and in and to any excess insurance proceeds thereof from damage to the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting Property prior to the requirements sale or acquisition shall pass to Lender to the extent of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated sums secured by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Mortgage immediately prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marriott Vacations Worldwide Corp), Sale Agreement (Marriott Vacations Worldwide Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by applicable state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is is, as of the related Closing Date, the valid and binding obligation of the insurer, is in full force and effect, and such hazard insurance policy will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in would be acceptable to a prudent lender making mortgage loans similar to the Underwriting GuidelinesMortgage Loans. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with that would be acceptable to a prudent lender making mortgage loans similar to the Underwriting GuidelinesMortgage Loans. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The No Seller has not engaged in, and or has no any knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingsuch policy, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the any Seller;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He4), Representations and Warranties Agreement (GSAMP Trust 2006-He5)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to the FHA, VA or GNMA as applicable in accordance with the requirements thereof against loss by fire, hazards of included within an extended coverage liability policy and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If the Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as having special flood hazards (and such flood insurance is required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by federal regulation and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current applicable guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and flood insurance, if applicable, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy and, if applicable, flood insurance policy, is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser on behalf of the GNMA upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either.

Appears in 1 contract

Samples: Agreement (Crescent Banking Co)

Hazard Insurance. Pursuant to Grantor shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage," rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under the Master Agreement, or by Grantor making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Grantor shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least 20 days prior to the expiration date of a policy, Grantor shall deliver to Lender written notice of any significant changes to a policy and 10 days prior to the expiration date of a policy, Grantor shall deliver to Lender a copy of a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Grantor shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Grantor to Lender. In the event of loss, Grantor shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Grantor hereby authorizes and empowers Lender as attorney-in-fact for Grantor to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Grantor further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Grantor for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument or guaranteed by the Guaranty, is whether or not then due, in full force and effectthe order of application set forth in the Master Agreement (subject, and will be in full force and effect and inure however, to the benefit rights of the Purchaser upon lessor under the consummation of the transactions contemplated by ground lease if this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;Instrument is on a leasehold).

Appears in 1 contract

Samples: Town & Country Trust

Hazard Insurance. Pursuant to the terms of the Mortgage, all All buildings or other improvements upon the Mortgaged Property are insured by a generally an insurer acceptable insurer to Xxxxxxx Mac and Xxxxxx Mae against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required the Mortgaged Property is in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards (and such flood insurance has been made available) a flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller Originator has not engaged in, and has no knowledge of the Mortgagor's , any Subservicer or any prior originator or subservicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, unlawful commission, unlawful kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerOriginator;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-F1)

Hazard Insurance. Pursuant (a) TRUSTOR will keep the SECURITY insured by a standard all risk property insurance policy equal to the replacement value of the SECURITY (adjusted every five (5) years by appraisal, if requested by the TOWN). If the SECURITY is located in a flood plain, TRUSTOR shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent TRUSTOR from becoming a co- insurer under the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for policy. The insurance carrier providing this insurance shall be licensed to do business in the Underwriting Guidelines. If required State of California and be chosen by TRUSTOR subject to approval by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesTOWN. All individual insurance policies contain and renewals thereof will be in a form acceptable to the TOWN, and will include a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes with standard lender’s endorsement in favor of the holder of the Mortgage First Lender Note and the TOWN as their interests may appear and in a form acceptable to obtain the TOWN. The TOWN shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and TRUSTOR shall promptly furnish to seek reimbursement therefor the TOWN, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices, and all receipts of paid premiums. In the event of loss, TRUSTOR will give prompt notice to the insurance carrier and the TOWN or its designated agent. The TOWN, or its designated agent, may make proof of loss if not made promptly by TRUSTOR. The TOWN shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the TOWN in writing, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the SECURITY damaged. If permitted by TOWN, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under the Resale Restriction Agreement, with the excess, if any, paid to TRUSTOR. If the SECURTY is abandoned by TRUSTOR or if TRUSTOR fails to respond to the TOWN, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to TRUSTOR that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity TOWN, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the TOWN’s option either to restoration or repair of the required hazard insuranceSECURITY or to pay amounts due under the Resale Restriction Agreement. If the SECURITY is acquired by the TOWN, provided the policy is not a "master" or "blanket" hazard all right, title, and interest of TRUSTOR in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the SECURITY prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is TOWN to the valid and binding obligation extent of the insurersums secured by this DEED OF TRUST immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;First Lender.

Appears in 1 contract

Samples: static1.squarespace.com

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards meeting Accepted Origination Practices, as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseffect. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Warranties Agreement (GSAA Home Equity Trust 2006-2)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and on all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the Mortgagor's failure maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to do so, authorizes purchase and keep in force fire and extended coverage insurance covering loss or damage to the holder Premises in amounts equal to the full replacement cost of the Mortgage Premises as determined by Lessor, with proceeds payable to obtain and maintain such Lessor. Lessee acknowledges that the insurance at such Mortgagorreferenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the full cost and expenseof said insurance as evidenced by insurance xxxxxxxx to the Lessor which shall be included in Lessee's monthly CAC. If said insurance xxxxxxxx cover the Premises, and to seek reimbursement therefor from Lessee does not occupy the Mortgagor. Where required by state law or regulationentire Premises, the Mortgagor has been given an opportunity insurance premiums and deductibles shall be allocated to choose the carrier portion of the required hazard insurancePremises occupied by Lessee on a pro-rata square footage or other equitable basis, provided as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to reflect the policy is not a "master" Commencement Date and the end of the Lease Term. Lessor and Lessee hereby waive any rights each may have against the other related to any loss or "blanket" hazard insurance policy covering a condominiumdamage caused to Lessor or Lessee as the case may be, or to the Premises, the Building, or its contents, and which may arise from any hazard insurance policy covering the common facilities of a planned unit developmentrisk generally covered by fire and extended coverage insurance. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the date of loss during the next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for Lessee's pro-rata share of the Purchaser upon the consummation cost of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: Plans And (General Surgical Innovations Inc)

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagorfull cost of said insurance as evidenced by insurance billxxxx xx the Lessor which shall be included in Lessee's failure monthly CAC.. If said insurance billxxxx xxxer the Premises, and Lessee does not occupy the entire Premises, the insurance premiums and deductibles shall be allocated to do so, authorizes the holder portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance"). Lessee shall reimburse Lessor for the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge full cost of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;said rental loss insurance coverage.

Appears in 1 contract

Samples: On Command Corp

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term-extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least thirty days prior to the expiration date of a policy. Borrower shall deliver to Lender a renewal policy in form satisfactory to Lender. If required this instrument is on a leasehold, Borrower shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Borrower to Lender. In the event of loss, Borrower shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds: provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof (subject, however, to the rights of the lessor under the ground lease if this Instrument is on a leasehold). If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation due dates of the insurer, monthly installments referred to in paragraphs 1 and 2 hereof or change the amounts of such installments. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof or if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in end to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from any damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Apartment Investment & Management Co

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowlxxxx xf the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Approved Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Approved Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller Originator and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without [***] prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s or any servicer’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Finance of America Companies Inc.)

Hazard Insurance. Pursuant to the terms of the MortgageMortgagor shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, and on the Mortgagor's failure obtain for, deliver to, assign to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such for the benefit of Lender, until Mortgagor's cost and expense’s Liabilities are paid in full, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier policies of the required hazard insurance, provided the policy is in an amount which shall be not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation less than 100% of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit insurable replacement cost of the Purchaser upon Mortgaged Property (except the consummation Land), insuring on a replacement cost basis the Mortgaged Property with “causes of the transactions contemplated by this Agreement. The Seller has not engaged inloss-special form” coverage and insuring against such other hazards, casualties and has no knowledge of the Mortgagor's having engaged incontingencies as Lender may require, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, including without limitation, no unlawful feeif requested by Lender, commissionearthquake, kickback and, if all or other unlawful compensation or value any part of the Mortgaged Property shall at any kind has been or will time be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized located within an area identified by the Seller;government of the United States or any agency thereof as having special flood hazards and for which flood insurance is available, flood. If any such policy shall contain a co-insurance clause it shall also contain an agreed amount or stipulated value endorsement. All policies of hazard insurance shall contain a “lender’s loss payable” endorsement and shall provide that no losses shall be payable to any other parties without Lender’s prior written consent. The form of such policies, the amounts and the companies issuing them shall be acceptable to Lender. Originals or certified copies of all policies shall be delivered to and retained by Lender. Mortgagor shall pay on or before the due dates thereof premiums on all insurance policies and on any renewals thereof. In the event of loss, Mortgagor will give immediate written notice to Lender and Lender may make proof of loss if not made promptly by Mortgagor (for which purpose Mortgagor hereby irrevocably appoints Lender as its attorney-in-fact). In the event of the foreclosure of this Mortgage or any other transfer of title to the Mortgaged Property in full or partial satisfaction of Mortgagor’s Liabilities, all right, title and interest of Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the purchaser LaSalle Bank National Association April 20, 2005 Page 45 or grantee. All such policies shall provide that they shall not be modified, cancelled or terminated without at least thirty (30) days’ prior written notice to Lender from the insurer.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Quixote Corp)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is 100 covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this the GMAC-AmNet Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelines. If required manner provided under paragraph 2 hereof, or by borrower making payment, when due, directly to the National Flood Insurance Act of 1968carrier, or in such other manner as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as Lender may designate in effect which policy conforms with the Underwriting Guidelineswriting. All individual insurance policies contain and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgagee mortgage clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller and its successors and assigns as mortgageeright to hold the policies, and Borrower shall promptly furnish to Lender all premiums thereon have been paidrenewal notices and all receipts of paid premiums. The Mortgage obligates At least thirty days prior to the Mortgagor thereunder expiration date of a policy, Borrower shall deliver to maintain Lender a renewal policy in form satisfactory to Lender. In the hazard event of loss, Borrower shall give immediate written notice to the insurance policy at the Mortgagor's cost carrier and expenseto Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and on the Mortgagor's failure compromise any claim under insurance policies, to do so, authorizes the holder of the Mortgage to obtain appear in and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof. If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation due dates of the insurer, monthly installments referred to in paragraphs 1 and 2. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof or if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Apartment Investment & Management Co

Hazard Insurance. Pursuant Lessee shall not use, or permit said Premises, or any part thereof, to the terms be used, for any purpose other than that for which said Premises are hereby leased; and no use shall be made or permitted to be made of the MortgagePremises, all buildings nor acts done, which may cause a cancellation of any insurance policy covering said building, or other improvements upon the Mortgaged Property are insured any part thereof, nor shall Lessee sell or permit to be kept, used or sold, in or about said Premises, any article which may be prohibited by a generally acceptable insurer against loss by firestandard form fire insurance policy. Lessee shall, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and general liability insurance, covering said building and appurtenances. Lessor agrees to purchase and keep in force fire and extended coverage insurance covering loss or damage to the Premises in amounts not to exceed the full replacement cost of said Premises as determined by Lessor, with proceeds payable to Lessor. Lessee acknowledges that the insurance referenced above does not include coverage for Lessee's personal property. In the event of a loss per the insurance provisions of this paragraph, Lessee shall be responsible for deductibles up to a maximum of $5,000 per occurrence. Lessee agrees to pay to the Lessor as additional Rent, on demand, the Mortgagor's failure full cost of said insurance as evidenced by insurance xxxxxxxx to do soLessor.. If said insurance xxxxxxxx cover the Premises, authorizes and Lessee does not occupy the holder entire Premises, the insurance premiums and deductibles shall be allocated to the portion of the Mortgage Premises occupied by Lessee on a pro-rata square footage or other equitable basis, as determined by Lessor. It is understood and agreed that Lessee's obligation under this paragraph will be prorated to obtain reflect the Commencement Date and maintain such insurance at such Mortgagor's cost the end of the Lease Term. Lessor and expenseLessee hereby waive any rights each may have against the other related to any loss or damage caused to Lessor or Lessee as the case may be, or to the Premises or its contents, and to seek reimbursement therefor which may arise from the Mortgagor. Where required any risk generally covered by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard fire and extended coverage insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard parties shall provide that their respective insurance policy is policies insuring the valid and binding obligation property or the personal property include a waiver of any right of subrogation which said insurance company may have against Lessor or Lessee, as the insurer, is case may be. Lessor shall maintain in full force and effect, and will be a policy of rental loss insurance, in full force and effect and inure an amount equal to the benefit amount of Rent payable by Lessee commencing on the Purchaser upon date of loss during the consummation next ensuing one (1) year, as reasonably determined by Lessor with proceeds payable to Lessor ("Loss of Rents Insurance. Lessee agrees to pay to the transactions contemplated by this Agreement. The Seller has not engaged inLessor as additional Rent, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policyon demand, the benefits full cost of said insurance as evidenced by insurance xxxxxxxx to the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will Lessor which shall be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;included in Lessee's monthly CAC.

Appears in 1 contract

Samples: Amati Communications Corp

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge xxxxxexxx of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)

Hazard Insurance. Pursuant to The Property securing the terms of the MortgageLoan is insured by a fire and extended perils insurance policy, all buildings or other improvements upon the Mortgaged Property are insured issued by a generally acceptable insurer against loss by fireinsurance carrier, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where such Property is located, and to the extent required by Seller as of the date on which the Loan was originated, and against other risks insured against by Persons operating like properties in the locality of such Property, in an amount not less than the greatest of (a) one hundred percent (100%) of the replacement cost of all improvements to such Property, or (b) the outstanding principal balance of the Loan, all in a form usual and customary in the industry and that is in full force and effect, and all amounts required to have been paid under any such policy have been paid. If required any portion of such Property is in an area identified by any Federal governmental authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (a) the outstanding principal balance of the Loan, (b) the full insurable value of the Property, and (c) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the “Hazard Insurance Policy”) contain a standard mortgagee clause naming the Seller and Seller, its successors and assigns (including, without limitation, subsequent owners of the Loan), as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the MortgagorBorrower's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by Seller. Seller has caused or will cause to be performed any and all acts required to preserve the Seller;rights and remedies of Buyer in any insurance policies applicable to the Loan including, without limitation, any necessary notifications of insurers, assignments of policies or interests therein, and establishments of coinsured, joint loss payee and mortgagee rights in favor of Buyer.

Appears in 1 contract

Samples: Master Loan Sale Agreement

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelines. If required manner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the National Flood Insurance Act of 1968carrier, or in such other manner as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as Lender may designate in effect which policy conforms with the Underwriting Guidelineswriting. All individual insurance policies contain polices and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgagee mortgage clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller and its successors and assigns as mortgageeright to hold the policies, and Borrower shall promptly furnish to Lender all premiums thereon have been paidrenewal notices and all receipts of paid premiums. The Mortgage obligates At least thirty days prior to the Mortgagor thereunder expiration date of a policy, Borrower shall deliver to maintain Lender a renewal policy in form satisfactory to Lender. In the hazard event of loss, Borrower shall give immediate written notice to the insurance policy at the Mortgagor's cost carrier and expenseto Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and on the Mortgagor's failure compromise any claim under insurance policies, to do so, authorizes the holder of the Mortgage to obtain appear in and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof. If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation due dates of the insurer, monthly installments referred to in paragraphs 1 and 2 hereof. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof or if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from any damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Document Cover Page (Apartment Investment & Management Co)

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Hazard Insurance. Pursuant to the terms of the Mortgage(a) Borrower shall, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and at its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's sole cost and expense, obtain and on maintain insurance upon and relating to all insurable Property by all-risk insurance policies and, if requested by Lender, shall include perils of collapse, flood, as well as other insurance coverages, in amounts equal to one hundred percent (100%) of the Mortgagor's failure replacement cost of the Improvements during the construction thereof and at least one hundred percent (100%) of the replacement cost of the Improvements not under construction, or in such additional amounts as Lender may reasonably require, with loss made payable to Lender and with a standard form mortgage clause. Borrower shall deliver the policies of insurance to Lender promptly as issued; and, if Borrower fails to do so, authorizes the holder of the Mortgage to obtain and maintain such failure continues beyond any applicable cure period, Lender, at its option, may procure such insurance at such MortgagorBorrower's cost expense. Lender shall have the right to hold the policies, and expenseBorrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. All renewal and substitute policies of insurance shall be delivered at the office of Lender, premiums paid, at least ten (10) days before termination of policies previously delivered to Lender. (b) In the event of loss, Borrower shall give immediate written notice to the insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in and prosecute any action arising from such, insurance policies, to collect and receive insurance proceeds, and to seek reimbursement therefor deduct there from Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided, however, that nothing contained in this Section 6.05 shall require Lender to incur any expense or take any action under this Instrument. Where required Borrower further authorizes Lender, at Lender's option, (i) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property, or (ii) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth herein. (c) If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of any proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialman and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Lender may require. If the carrier insurance proceeds are applied to the payment of sums secured by this instrument, any such application of proceeds to principal shall not extend or postpone the due date of the required hazard insuranceinstallments referred to in Sections 2.03 and 6.07 or change the amounts of such installments. If the Property is sold pursuant to Section 8.03 or if Lender acquires title to the Property, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominiumLender shall have all rights, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effecttitle, and will be interest of Borrower in full force and effect to any insurance policies and inure unearned premiums thereon and in and to the benefit of proceeds resulting from any damage to the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Greenbriar Corp

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont and its successors and assigns as mortgagee, and all premiums thereon txxxxxx have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagortxx Xxxxxxgor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy -24- conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;; (g) Compliance with Applicable Laws. Any and all requirements of any federal, state or local law including, without limitation, usury, truth-in-lending, real estate settlement procedures, consumer credit protection, predatory abusive and fair lending, equal credit opportunity and disclosure laws applicable to the Mortgage Loan, including, without limitation, any provisions relating to a Prepayment Penalty have been complied with, the consummation of the transactions contemplated hereby will not involve the violation of any such laws or regulations, and the Seller shall maintain in its possession, available for the Purchaser’s inspection, and shall deliver to the Purchaser upon demand, evidence of compliance with all such requirements. This representation and warranty is a Deemed Material and Adverse Representation; (h)

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac. If required by the National Flood Insurance Xxxxx Ixxxrance Act of 19681000, as xx amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae and Freddie Mac requirements. All individual insurance policies contain a standard xxxxxixx contaxx x xxandard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the related Mortgagor has not engaged in, and has no knowledge of the Mortgagor's having engaged in, in any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Hazard Insurance. Pursuant The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy insuring any leasehold improvements paid for by Tenant and all fixtures, equipment, and other personal property of Tenant against damage or destruction by fire or other casualty in an amount equal to the terms full replacement cost of such property. Any insurance policy required of the MortgageTenant may be maintained by means of a policy or policies of blanket insurance, all buildings covering additional items or locations, and any such policy may provide for such commercially reasonable deductible limits as Tenant deems appropriate. Notwithstanding the foregoing, Tenant shall be permitted to self-insure its fixtures, equipment and other improvements upon personal property from time to time located in, on or about the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgageePremises, and all premiums thereon have been paidleasehold improvements to the Premises constructed or installed by Tenant, provided that at all times when Tenant so self-insures the same or any portion thereof, Tenant's net worth shall be and remain at least Fifty Million and 00/100 Dollars ($50,000,000.00). The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder During all periods in which Tenant so self-insures any of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulationsame, the Mortgagor has been given rights and obligations of Landlord and Tenant shall remain the same as if Tenant shall have purchased and kept in force thereon insurance from an opportunity to choose independent, institutional insurer of recognized responsibility, and, without limitation, the carrier provisions of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities Sections 10.2 and 11.5 of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is this Lease shall remain in full force and effect. The Tenant represents, by so self-insuring, that Tenant then is financially able to absorb any loss thereto without significant reduction of available capital or any other material, adverse effect on Tenant or its business operations, and will be that Tenant then is of at least such minimum net worth. Landlord shall maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and effect and inure thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of insurance upon the Building insuring against all risks of physical loss or damage under an All Risk coverage endorsement in an amount at least equal to the benefit full replacement value of the Purchaser upon the consummation property insured, with an Agreed Amount endorsement to satisfy co-insurance requirements, as well as insurance against breakdown of the transactions contemplated by this Agreementboilers and other machinery as customarily insured against. The Seller has not engaged inUpon request of Tenant from time to time, and has no knowledge a certificate of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will insurance shall be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;delivered to Tenant.

Appears in 1 contract

Samples: Lease (Genuity Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of covered by extended coverage insurance and such other hazards as are provided for in the Underwriting applicable Agency, FHA, VA or HUD guidelines, as well as all additional requirements set forth in the Agency Guidelines. If required by the National Flood Insurance Disaster Protection Act of 19681973, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the applicable requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to the Underwriting Guidelinesapplicable Agency, FHA, VA or HUD guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums due and owing thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy policies at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy, including, without limitation, to Seller’s knowledge, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by Seller, in any case, to the Seller;extent it would impair coverage under any such policy.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with to Fannie Mae, as well as all additionxx xxxuxxxments set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's any Mortgagor or any servicer having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSellers or the Company;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelines. If required manner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the National Flood Insurance Act of 1968carrier, or in such other manner as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as Lender may designate in effect which policy conforms with the Underwriting Guidelineswriting. All individual insurance policies contain and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgagee mortgage clause naming in favor of and in form acceptable to Lender. Lender shall have the Seller and its successors and assigns as mortgageeright to hold the policies, and Borrower shall promptly furnish to Lender all premiums thereon have been paidrenewal notices and all receipts of paid premiums. The Mortgage obligates At least thirty days prior to the Mortgagor thereunder expiration date of a policy, Borrower shall deliver to maintain Lender a renewal policy in form satisfactory to Lender. In the hazard event of loss, Borrower shall give immediate written notice to the insurance policy at the Mortgagor's cost carrier and expenseto Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and on the Mortgagor's failure compromise any claim under insurance policies, to do so, authorizes the holder of the Mortgage to obtain appear in and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required by state law Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or regulation, the Mortgagor has been given an opportunity to choose the carrier repair of the required hazard insurance, provided Property or (b) to apply the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering balance of such proceeds to the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation payment of the insurersums secured by this Instrument, is whether or not then due, in full force the order of application set forth in paragraph 3 hereof. If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and effectrepair of the Property the Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an architect satisfactory to Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and will be in full force and effect and inure satisfaction of liens as Lender may reasonably require. If the insurance proceeds are applied to the benefit payment of the Purchaser upon sums secured by this Instrument, any such application of proceeds to principal shall not extend or postpone the consummation due dates of the transactions contemplated by this Agreementmonthly installments referred to in paragraphs 1 and 2 hereof. The Seller has not engaged inIf the Property is sold pursuant to paragraph 27 hereof or if Lender acquires title to the Property, and has no knowledge Lender shall have all of the Mortgagor's having engaged inright, title and interest of Borrower in and to any act insurance policies and unearned premiums thereon and in and to the proceeds resulting from damage to the Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Apartment Investment & Management Co

Hazard Insurance. Pursuant to Each Mortgaged Property is insured as required by and in accordance with the terms Agency Guidelines. If any portion of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured is in an area identified by a generally acceptable insurer against loss by fireany federal Governmental Authority as having special flood hazards, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968flood insurance is available, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with a generally acceptable insurance carrier, in an amount representing coverage not less than the Underwriting Guidelinesleast of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the Flood Disaster Protection Act of 1973, as amended. All individual such insurance policies (collectively, the “hazard insurance policy”) contain a standard mortgagee Mortgagee clause naming the Seller and Seller, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgageeMortgagee, and all may not be reduced, terminated or canceled without thirty (30) days’ prior written notice to the Mortgagee. No such notice has been received by Seller. All premiums thereon due and owing on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the such Mortgagor's cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage Mortgagee to obtain and maintain such insurance at such the Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's ’s having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: loanDepot, Inc.

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Execution (Greenpoint Mortgage Funding Trust 2005-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for by prudent lenders in the Underwriting Guidelinessecondary mortgage market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those of prudent lenders in the Underwriting Guidelinessecondary mortgage market. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesGuidelines and by lenders of similar mortgage loans in the secondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He3)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelinesarea where the Mortgaged Property is located. If required upon origination of the Mortgage Loan, the Mortgaged Property was in an area identified in the Federal Register by the National Flood Insurance Act of 1968, Federal Emergency Management Agency as amended, each Mortgage Loan is covered by having special flood hazards a life-of-loan flood insurance policy meeting the requirements of the current guidelines of the Federal Flood Insurance Administration as is in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paideffect. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's or any subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either either, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Assignment Agreement (CWHEQ, Inc.)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge knxxxxxxe of the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in Section 2.10 of the Underwriting GuidelinesServicing Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all additional requirements set forth in Section 0.00 ox xhe Servicing Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not Neither the Company nor the Sellers have engaged in, and has no nor have any knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSellers or the Company;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in Fremont's underwriting guidelines and by lenders of similar mortgage loans in the Underwriting Guidelinessecondary market. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with to those obtained by prudent mortgage lending institutions which originate mortgage loans of the Underwriting Guidelinessame type as such Mortgage Loan in the jurisdiction where the related Mortgaged Property is located. All individual insurance policies contain a standard mortgagee clause naming the Seller Fremont and its successors and assigns as mortgagee, and all premiums thereon have been paidpaid and such policies may not be reduced, terminated or cancelled without 30 days' prior written notice to the mortgagee. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be was in full force and effect and inure to the benefit of the Purchaser upon the consummation purchase by Purchaser of the transactions contemplated by this AgreementMortgage Loan. The Seller Depositor has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either such policy including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerDepositor;

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)

Hazard Insurance. Pursuant to Tenant shall, at all times during the terms Term of the Mortgagethis Lease, at Tenant's expense, maintain insurance on all buildings or other and improvements upon on the Mortgaged Property are insured by a generally acceptable insurer Premises against loss by firefire and lightning, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is risks covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration what is commonly known as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller extended coverage, malicious mischief and its successors and assigns as mortgageevandalism, and all premiums thereon have been paidother risks or direct physical loss in an amount equal to the full replacement value on a replacement form basis, of such buildings and improvements. The Mortgage obligates policy or policies evidencing such insurance shall be written by a company or companies authorized to do business in the Mortgagor State of Wisconsin (i) shall name Landlord and Tenant as insureds thereunder to maintain the extent of the interest in the Premises; (ii) shall contain effective waivers of subrogation; and (iii) shall provide that losses shall be paid as their respective interests may appear. At the request of Landlord, a mortgagee clause may be included in the policies covering Landlord's mortgagee, if any. The policies shall provide that the same may not be canceled or altered except upon thirty (30) days prior written notice to Landlord and to Landlord's mortgagees, if any. Tenant shall furnish insurance against loss of rents due to the occurrence of any casualty or hazard in the amount of all rent payments, taxes, assessments and insurance policy at the Mortgagor's cost and expensepremiums required hereunder for a twelve (12) month period, and on shall provide separate contents insurance for all of Tenant's personal property, removable or trade fixtures, furnishings, and equipment and insurance against breakage of all plate glass used in the MortgagorBuilding and improvements located in the Premises. At Tenant's failure sole option, Tenant may self insure Tenant's personal property, removable trade fixtures, furnishings, and equipment. Tenant shall furnish Landlord with a certificate or certificates of all insurance policies required to be carried and maintained by Tenant within sixty (60) days after Landlord's demand therefore. Tenant shall procure renewals thereof at least thirty (30) days prior to the expiration dates of the respective policies. All such insurance shall be procured from a responsible insurance company or companies authorized to do so, authorizes business in the holder State of the Mortgage to obtain and maintain such Wisconsin. Any insurance at such Mortgagorrequired of Tenant under this Lease shall further provide that Landlord's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided interest under the policy is will not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated invalidated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair of, or any breach of warranty or covenant in the coverage policy by Tenant, or by the use of the Premises for purposes more hazardous than is permitted by the policy. In the event Tenant shall at any time fail, neglect or refuse to procure or renew insurance and keep the same in full force as provided for in this Lease, then Landlord may, at Landlord's election, procure or renew such insurance, and any amounts thereof by Landlord shall constitute a part of Additional Rent due at the next rent day after any such payment, together with interest at the Lease Interest Rate as provided herein. Landlord and Tenant hereby waive all claims for recovery from the other party for any loss or damage (whether or not such loss or damage is caused by the negligence of the other party and, notwithstanding any provision or provisions obtained in the Lease to the contract) to any person or property insured under valid and collectible insurance policies to the extent of any recovery collectible under such policyinsurance, subject to the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized limitation that this waiver shall apply only when it is permitted by the Seller;applicable policy of insurance.

Appears in 1 contract

Samples: Building Lease (Sonic Foundry Inc)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for well as all additional requirements set forth in the Underwriting GuidelinesSection 3.13 of this Agreement. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae, as well as all addxxxxxxl xxquirements set forth in Section 3.13 of this Agreement. All individual insurance policies contain a standard mortgagee clause naming the Seller Responsible Party and its successors and assigns as mortgagee, and all premiums due and payable thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Trustee upon the consummation of the transactions contemplated by this Agreement. The Seller Responsible Party has not engaged in, and has no knowledge of the Mortgagor's any Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerResponsible Party;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2004-Op1)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the The Mortgaged Property are is insured by a generally acceptable insurer against loss fire and extended perils insurance policy, issued by firea Qualified Insurer, hazards of extended coverage and such other hazards as are provided for customary in the area where the Mortgaged Property is located, and to the extent required by the Borrower as of the date of origination consistent with the Underwriting Guidelines, against earthquake and other risks insured against by Persons operating like properties in the locality of the Mortgaged Property, in an amount required as of the date of origination in accordance with the Underwriting Guidelines. If required any portion of the Mortgaged Property is in an area identified by any federal Governmental Authority as having special flood hazards, and flood insurance is available, a flood insurance policy meeting the current guidelines of the Federal Emergency Management Agency is in effect with a generally acceptable insurance carrier, in an amount representing coverage not less than the least of (1) the outstanding principal balance of the Mortgage Loan, (2) the full insurable value of the Mortgaged Property, and (3) the maximum amount of insurance available under the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered amended by a flood insurance policy meeting the requirements Flood Disaster Protection Act of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines1974. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and applicable Borrower, its successors and assigns (including without limitation, subsequent owners of the Mortgage Loan), as mortgagee, and all may not be reduced, terminated or canceled without 30 days' prior written notice to the mortgagee. No such notice has been received by the applicable Borrower. All premiums thereon on such insurance policy have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy and, at the Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the Mortgage mortgagee to obtain and maintain such insurance at such the Mortgagor's cost and expense, expense and to seek reimbursement therefor from the such Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, insurer and is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not No Borrowers have engaged in, and has no Borrowers have knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by the Seller;a Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage," rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least thirty days prior to the expiration date of a policy, Borrower shall deliver to Lender a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold, Borrower shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Borrower to Lender. In the event of loss, Borrower shall give immediate written notice to the Federal Insurance Administration insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof (subject, however, to the rights of the lessor under the ground lease if this Instrument is on a leasehold). If the insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition as such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation due dates of the insurer, monthly installments referred to as paragraphs 1 and 2 hereof or change the amounts of such installments. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof or if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from any damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Rents and Security Agreement (Maxus Realty Trust Inc)

Hazard Insurance. Pursuant With respect to the terms of Loans, either (i) the Mortgage, all buildings or other improvements upon a Mortgaged Property are covered by a valid and existing fire and hazard insurance policy with a generally acceptable carrier that provides for extended coverage customary in the area where the Mortgaged Property are insured by a generally acceptable insurer against loss by fireis located, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan that is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms endorsed with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming with losses payable to Seller or REO Entity, as applicable, in an amount that is at least equal to the lesser of (A) the unpaid principal balance of such Loans, (B) the full insurable value of the Mortgaged Property, or (C) the minimum amount required to compensate for damage or loss on a replacement cost basis; or (ii) the related Servicer maintains a blanket policy that insures against fire and hazards and provides for extended coverage on the Loans for which no insurance of the type described in clause (i) exists and which names Seller or REO Entity, as applicable, as loss payee and its successors and assigns as mortgageeprovides for coverage in an amount equal to the aggregate unpaid principal balance of all such Loans, and all premiums thereon have been paidwithout co-insurance. The Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, expense and to seek reimbursement therefor therefore from the Mortgagor. Where If required by state law or regulationthe terms of the applicable Loan, the Mortgagor related Servicer has been given an opportunity to choose established and maintained escrow accounts for the carrier collection of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering premiums from the common facilities of a planned unit developmentMortgagor as permitted by applicable law. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to Buyer’s benefit upon the benefit sale of the Purchaser upon beneficial interests in the consummation Loans to Buyer. Such insurance policy requires prior notice to Seller or the related Servicer of termination or cancellation, and no such notice has been received. Seller, REO Entity and the transactions contemplated by this Agreement. The Seller has related Servicer have not engaged in, and neither Seller nor REO Entity has no any knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement any endorsements provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;either

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting GuidelinesFannie Mae Guides or by Freddie Mac. If required by the National Flood Insurance Xxxxx Ixxxrance Act of 19681000, as xx amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as is in effect which policy conforms with the Underwriting Guidelinesto Fannie Mae or Freddie Mac. All individual insurance policies contain a standard mortgagee contxxx x sxxxdard xxxxxxgee clause naming the Seller Company and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Assignor upon the consummation of the transactions contemplated by this Agreement. The Seller Company has not engaged in, and has no knowledge of the Mortgagor's or any servicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingsuch policy, without limitation, and no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerCompany;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FFMLT Trust 2005-Ff11)

Hazard Insurance. Pursuant Mortgagor shall keep or cause to the terms of the Mortgage, all buildings or other improvements upon keep the Mortgaged Property are and any and all alterations, rebuilding, replacements and additions thereto, insured for the benefit of Mortgagee pursuant to policies which shall be written on a broad form Builder's All Risk, Completed Value non-reporting form, which shall include coverage therein for “completion and/or premises occupancy” and provide coverage of not less than coverage encompassed by Fire, Extended Coverage and Vandalism and Malicious Mischief perils broadened to so-called “Direct or All Risk of Physical Loss” (hereinafter collectively called the “Hazards and Risks”), all in formats reasonably approved by Mortgagee and in an amount equivalent to one hundred percent (100%) of the full insurable value thereof with such insurance to provide for the full replacement cost excluding the footings and foundations below the lower basement floor undersurface, or if there is no basement, that surface which is below ground level; without deduction for depreciation. All policies shall also include an “agreed amount endorsement.” Such insurance shall not contain any clause which would result in the insured thereunder being required to carry insurance with respect to the property covered thereby in an amount equal to the minimum specific percentage of the full replacement cost of such property in order to prevent the insured therein named from becoming a generally acceptable co-insurer against of any loss by fire, hazards of extended coverage and under such other hazards as are policy. All insurance herein provided for shall cite Mortgagee as a first mortgagee/loss payee and shall be obtained by Mortgagor (notwithstanding the procurement of other insurance policies by other persons or parties and relating to the Mortgaged Property) and carried in companies reasonably approved by or reasonably satisfactory to Mortgagee. Notwithstanding the foregoing, Mortgagor shall have the right of free choice in the Underwriting Guidelinesselection of the agent or insurer through or by which the insurance required hereunder is to be placed; provided, however, said insurer must be authorized to write such insurance in the State of Connecticut, must have a licensed resident agent in this State and must have, at all times while this Mortgage is in effect, a general policyholder's rating of A or A+ in Best's latest rating guide. If required All policies, including additional and renewal policies, shall contain an agreement by the National Flood Insurance Act of 1968insurer that such policy shall not be modified or cancelled without at least thirty (30) days prior written notice to Mortgagee, as amendedand all renewal policies, each Mortgage Loan is covered by a flood insurance policy meeting marked premium paid, shall also be delivered to Mortgagee at least thirty (30) days before the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelinesexpiration thereof. All individual insurance policies contain a standard mortgagee clause naming policies, including additional and renewal policies, shall be payable, in case of loss or damage, to Mortgagee as the Seller and its successors and assigns as first mortgagee, and shall contain the standard mortgage endorsement and non-contributing mortgagee clause as well as standard waiver of subrogation endorsement, and waiver of other endorsements, as Mortgagee may reasonably require from time to time, all to be in form reasonably acceptable to Mortgagee and shall be supplied to Mortgagee together with a paid receipted bxxx for a minimum of a one year premium. If Mortgagee shall in any manner acquire title to the Mortgaged Property, it shall thereupon become the sole and absolute owner of all insurance policies held by or required hereunder to be delivered to Mortgagee, with the sole right to collect and retain all unearned premiums thereon have been paidand dividends. In the event of any loss, Mortgagor will give prompt notice thereof to Mortgagee. Mortgagor hereby authorizes Mortgagee, at its option, and is hereby constituted and appointed the true and lawful attorney-in-fact of Mortgagor, in the name and stead of Mortgagor, but in the uncontrolled discretion of said attorney, to collect, adjust and compromise any losses in excess of $10,000.00 (the “Threshold Amount”) under any of the insurance policies, to endorse Mortgagor's name on any document or instrument in payment of any insured loss in excess of the Threshold Amount and, after deducting the costs of collection, to apply the proceeds, at Mortgagee's sole option, as follows: (i) as a credit upon the indebtedness secured hereby, whether or not the same shall be then due and payable, or (ii) to repairing or restoring the Mortgaged Property or any part thereof, in which event, Mortgagee shall not be obligated to see to the proper application thereof, nor shall the amount so released or used be deemed a payment on any Indebtedness as secured hereby and, if any amounts are applied to principal, they shall be applied to installments in inverse order of maturity. The Mortgage obligates Mortgagee reserves the right to increase the amount of any insurance coverage required hereunder to an amount deemed reasonably necessary by the Mortgagee and to approve the form and content of all insurance policies evidencing such coverage. Any failure on the part of the Mortgagee to secure physical evidence of any insurance required herein shall not relieve the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;its responsibilities hereunder.

Appears in 1 contract

Samples: Sachem Capital Corp.

Hazard Insurance. Pursuant to the terms of the Mortgage, all (a) All buildings or other improvements upon the Mortgaged Property related to such Mortgage Loan are insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968area where such Mortgaged Property is located, as amended, each Mortgage Loan is covered by a flood pursuant to insurance policy meeting policies conforming to the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineseither SECTION 5.10 or SECTION 5.11. All individual such insurance policies (collectively, the "hazard insurance policy") contain a standard mortgagee clause naming the Seller and originator of such Mortgage Loan, its successors and assigns assigns, as mortgagee. Such policies are the valid and binding obligations of the insurer, and all premiums thereon due to date have been paid. The related Mortgage obligates the Mortgagor thereunder to maintain the hazard all such insurance policy at the such Mortgagor's cost and expense, and on the such Mortgagor's failure to do so, authorizes the holder of the such Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, expense and to seek reimbursement therefor from such Mortgagor; or (b) in the Mortgagor. Where required case of a condominium or PUD project that is not covered by state law or regulationan individual policy, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy condominium or PUD project is not covered by a "master" or "blanket" hazard policy and there exists and is in the Servicer's Mortgage File a certificate of insurance showing that the individual unit that secures the first mortgage or share loan is covered under such policy. The insurance policy covering contains a condominiumstandard mortgagee clause naming the originator of such Mortgage Loan (and its successors and assigns), or any hazard insurance policy covering the common facilities of a planned unit developmentas insured mortgagee. The hazard insurance policy is Such policies are the valid and binding obligation obligations of the insurer, is in full force and effect, and will be in full force and effect and inure all premiums thereon have been paid. The insurance policy provides for advance notice to the benefit Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the Purchaser upon "master" policy and would be acceptable pursuant to the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerFNMA Guide;

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Hazard Insurance. Pursuant to the terms of of: (i) the MortgageMH Loan, all buildings or other improvements upon the Mortgaged Property are MH Contract, the MH Note, the related Manufactured Home is insured by a generally acceptable insurer Qualified Insurer against loss by fire, hazards fire and such other risks as are usually insured against in the broad form of extended coverage and hazard insurance available from time to time. All such other hazards as are provided for in insurance policies (collectively, the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood "hazard insurance policy meeting policy") meet the requirements of the current guidelines of the Federal Insurance Administration Administration, and conform to Accepted Servicing Practices, and are a standard policy of insurance for the locale where the related Manufactured Home is located. The amount of the insurance is at least in the amount of the full insurable value of the related Manufactured Home on a replacement cost basis or the unpaid balance of the MH Loan, whichever is less. The hazard insurance policy names (and will name) the Obligor as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain insured and contains a standard mortgagee loss payable clause naming the in favor of Seller (or Seller's servicer) and its successors and assigns as mortgagee, and all premiums thereon have been paidassigns. The Mortgage MH Note and/or the MH Contract obligates the Mortgagor Obligor thereunder to maintain the hazard insurance policy at the MortgagorObligor's cost and expense, and on the MortgagorObligor's failure to do so, authorizes the holder of the Mortgage MH Note and/or the MH Contract to obtain and maintain such insurance at such MortgagorObligor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit developmentObligor. The hazard insurance policy is the valid and binding obligation of the insurer, . The hazard insurance policy is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser Buyer upon the consummation of the transactions contemplated by this Repurchase Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having nor have any originator or any subservicer engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement endorsements provided for hereintherein, or the validity and binding effect of either including, without limitationeither. In connection with the issuance of the hazard insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no . No such unlawful items have been received, retained or realized by the Seller;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Affordable Residential Communities Inc)

Hazard Insurance. Pursuant to Owner will keep the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are Security insured by a generally acceptable insurer against loss standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by fireappraisal, hazards of extended coverage and such other hazards as are provided for in if requested by the Underwriting GuidelinesAuthority). If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan Security is covered by located in a flood insurance policy meeting plain, Owner shall also obtain flood insurance. Owner may meet any or all of the requirements of this Section through insurance obtained by a homeowners' association provided evidence is submitted to the current guidelines Authority that such insurance covers the Security. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Owner subject to approval by the Federal Insurance Administration as in effect which policy conforms with the Underwriting GuidelinesAuthority. All individual insurance policies contain and renewals thereof will be in a form acceptable to the Authority and will include a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagorwith standard lender's cost and expense, and on the Mortgagor's failure to do so, authorizes endorsement in favor of the holder of the Mortgage First Lender Note and the Authority as their interests may appear and in a form acceptable to obtain the Authority. The Authority shall have the right to hold, or cause its designated agent to hold, the policies and maintain such insurance at such Mortgagor's cost and expenserenewals thereof, and Owner shall promptly furnish to seek reimbursement therefor the Authority, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Owner will give prompt notice to the insurance carrier and the Authority or its designated agent. The Authority, or its designated agent, may make proof of loss if not made promptly by Owner. The Authority shall receive thirty (30) days' advance notice of cancellation of any insurance policies required under this section. Unless the Authority and Owner otherwise agree in writing, insurance and condemnation proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the Security damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance and condemnation proceeds will be used to pay any amounts due under the Resale and Refinancing Restriction Agreement, with the excess, if any, paid to Owner, subject to the provisions of paragraph 19 of the Resale and Refinancing Restriction Agreement which restricts the amounts of insurance proceeds and condemnation proceeds payable to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the Authority, or its designated agent, within thirty (30) days from the Mortgagor. Where required date notice is mailed by state law or regulationeither of them to Owner that the insurance carrier offers to settle a claim for insurance benefits, the Mortgagor has been given an opportunity Authority, or its designated agent, is authorized to choose collect and apply the carrier insurance proceeds at the Authority's option either to restoration or repair of the required hazard insuranceSecurity or to pay amounts due under the Resale and Refinancing Restriction Agreement. If the Security is acquired by the Authority, provided the policy is not a "master" or "blanket" hazard all right, title and interest of Owner in and to any insurance policy covering a condominium, and in and to the proceeds thereof resulting from damage to the Security prior to the sale or any hazard insurance policy covering acquisition will pass to the common facilities of a planned unit development. The hazard insurance policy is Authority to the valid and binding obligation extent of the insurersums secured by this Deed of Trust immediate prior to such sale or acquisition, is in full force and effect, and will be in full force and effect and inure subject to the benefit rights of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;First Lender.

Appears in 1 contract

Samples: Resale and Refinancing Restriction Agreement

Hazard Insurance. Pursuant to the terms of the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer against loss by fire, hazards of extended coverage and such other hazards as are provided for in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's cost and expense, and to seek reimbursement therefor from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The insurance policy provides for advance notice to the Seller or Servicer if the policy is canceled or not renewed, or if any other change that adversely affects the Seller's interests is made; the certificate includes the types and amounts of coverage provided, describes any endorsements that are part of the "master" policy and would be acceptable pursuant to the Fannie Mae Guides. The Seller has not engaged in, and has no knowledge of knowledxx xx the Mortgagor, any Subservicer or any prior originator or subservicer's having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

Appears in 1 contract

Samples: Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Hazard Insurance. Pursuant to Borrower shall keep the terms of improvements now existing or hereafter erected on the Mortgage, all buildings or other improvements upon the Mortgaged Property are insured by a generally acceptable insurer carriers at all times satisfactory to Lender against loss by fire, hazards of included within the term "extended coverage coverage", rent loss and such other hazards hazards, casualties, liabilities and contingencies as are provided Lender (and, if this Instrument is on a leasehold, the ground lease) shall require and in such amounts and for such periods as Lender shall require. All premiums on insurance policies shall be paid, at Lender's option, in the Underwriting Guidelinesmanner provided under paragraph 2 hereof, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. At least thirty days prior to the expiration date of a policy, Borrower shall deliver to Lender a renewal policy in form satisfactory to Lender. If required this Instrument is on a leasehold. Borrower shall furnish Lender a duplicate of all policies, renewal notices, renewal policies and receipts of paid premiums if, by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan is covered by a flood insurance policy meeting the requirements virtue of the current guidelines ground lease, the originals thereof may not be supplied by Borrower to Lender. In the event or loss, Borrower shall give immediate written notice to she insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of the Federal Insurance Administration as loss, to adjust and compromise any claim under insurance policies, to appear in effect which policy conforms with the Underwriting Guidelines. All individual insurance policies contain a standard mortgagee clause naming the Seller and its successors and assigns as mortgagee, and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's cost and expense, and on the Mortgagor's failure to do so, authorizes the holder of the Mortgage to obtain and maintain prosecute any action arising from such insurance at such Mortgagor's cost policies, to collect and expensereceive insurance proceeds, and to seek reimbursement therefor from deduct therefrom Lender's expenses incurred in the Mortgagorcollection of such proceeds; provided however, that nothing contained in this paragraph 5 shall require Lender to incur any expense or take any action hereunder. Where required Borrower further authorizes Lender, at Lender's option, (a) to hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by state law this Instrument, whether or regulationnot then due, in the order of application set forth in paragraph 3 hereof (subject, however, to the rights of the lessor under the ground lease if this Instrument is on a leasehold). If the insurance proceeds are held by Lender to reimburse Borrower for the cost or restoration and repair of the property, the Mortgagor has been given Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve in writing. Lender may, at Lender's option, condition disbursement of said proceeds on Lender's approval of such plans and specifications of an opportunity architect satisfactory to choose Lender, contractor's cost estimates, architect's certificates, waivers of liens, sworn statements of mechanics and materialmen and such other evidence of costs, percentage completion of construction, application of payments, and satisfaction of liens as Lender may reasonably require. If the carrier insurance proceeds are applied to the payment of the required hazard insurancesums secured by this Instrument, provided any such application of proceeds to principal shall not extend or postpone the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation due dates of the insurer, monthly installments referred to in paragraphs 1 and 2 hereof or change the amounts of such installments. If the Property is in full force and effect, and will be in full force and effect and inure sold pursuant to paragraph 27 hereof of if Lender acquires title to the benefit Property, Lender shall have all of the Purchaser upon right, title and interest of Borrower in and to any insurance policies and unearned premiums thereon and in and to the consummation of proceeds resulting from any damage to the transactions contemplated by this Agreement. The Seller has not engaged in, and has no knowledge of the Mortgagor's having engaged in, any act Property prior to such sale or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;acquisition.

Appears in 1 contract

Samples: Rents and Security Agreement (Maxus Realty Trust Inc)

Hazard Insurance. Pursuant to the terms As of the Mortgagedate of origination of each Revolving Credit Loan, all buildings or other improvements upon the Mortgaged Property are related to such Revolving Credit Loan were insured by a generally an insurer acceptable insurer to FNMA or FHLMC against loss by fire, hazards of or extended coverage and such other hazards as are provided for customary in the Underwriting Guidelines. If required by the National Flood Insurance Act of 1968, as amended, each Mortgage Loan area where such Mortgaged Property is covered by a flood insurance policy meeting the requirements of the current guidelines of the Federal Insurance Administration as in effect which policy conforms with the Underwriting Guidelineslocated. All individual such hazard insurance policies contain contained a standard mortgagee clause naming the Seller and Seller, its successors and assigns as mortgagee, mortgagee and all premiums thereon have been paid. The Mortgage obligates the Mortgagor thereunder to maintain the hazard insurance policy at the Mortgagor's ’s cost and expense, and on the Mortgagor's ’s failure to do so, authorizes the holder of the Mortgage to obtain and maintain such insurance at such Mortgagor's ’s cost and expense, and to seek reimbursement therefor therefore from the Mortgagor. Where required by state law or regulation, the Mortgagor has been given an opportunity to choose the carrier of the required hazard insurance, provided that the policy is not a "master" or "blanket" hazard insurance policy covering a condominium, or any hazard insurance policy covering the common facilities of a planned unit development. The hazard insurance policy is the valid and binding obligation of the insurer, is in full force and effect, and will be in full force and effect and inure to the benefit of the Purchaser upon the consummation of the transactions contemplated by this Agreement. The Neither the Seller nor the Servicer has not engaged in, and has no knowledge of the Mortgagor's Mortgagor having engaged in, any act or omission which would impair the coverage of any such policy, the benefits of the endorsement provided for herein, or the validity and binding effect of either includingeither, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the SellerSeller or Servicer;

Appears in 1 contract

Samples: Mortgage Loan Sale and Assignment Agreement (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

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